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LAFAYETTE: (765) 742-8440 | FORT WAYNE: (260) 739-5425 | BLOOMINGTON: (812) 269-1508 | ANDERSON: (765) 313-7313
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Battery and Confinement
Battery and Self-Defense
Many allegations of battery can be defended with evidence of self-defense or provocation by the alleged victim. In Indiana, a person can use force against another person to protect themselves or a third person from what they reasonably believe is an imminent attack against them. In fact, a person can use deadly force and does not have a duty to retreat, if they reasonable believe it is necessary to prevent serious bodily injury to themselves or another person. Deadly force can also be used to prevent the commission of a forcible felony against a person.
Criminal Confinement
Criminal confinement is a
Level 6 felony offense
and is often filed in battery and domestic battery cases when one party attempts to leave a room, house, or building during a fight, and the accuser claims they were prevented from leaving. Criminal confinement occurs when a person knowingly or intentionally confines another person without their consent; or removes a person by fraud, force, or the threat of force from one place to another. The offense is a Level 5 felony if it is committed using a vehicle or results in bodily injury to the alleged victim. Confinement is a Level 3 felony if committed while armed with a deadly weapon.
In any battery case where self-defense is a viable defense, or criminal confinement is alleged, it is important to contact an
experienced criminal attorney
immediately. An experienced criminal attorney can assist you by identifying evidence or witnesses that can help corroborate an assertion of self-defense or challenge a claim of criminal confinement. Character evidence may also be admissible in a battery case to demonstrate either peacefulness or past violence. If claims of battery or violence are left unchallenged or unexplained, the accused defendant may appear dangerous or violent. It is important to take immediate and aggressive action to contest allegations of battery or domestic violence.
Recent Blog Posts
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Battery and Self-Defense: When the Use of Force is Necessary
Fort Wayne Domestic Battery Defense Attorneys: When Mitigation and Counseling is the Best Approach
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Lafayette
Gibson Law Office
133 N. 4
th
St.
Suite 73
Lafayette, IN 47901
Phone: (765) 742-8440
Bloomington
Gibson Law Office
115 N College Ave
Suite 265
Bloomington, IN 47404
Phone: (812) 269-1508
Fort Wayne
Gibson Law Office
701 S. Clinton St.
Suite 300
Fort Wayne, IN 46802
Phone: (260) 739-5425
Anderson
Gibson Law Office
1106 Meridian St
Suite 424
Anderson, IN 46016
Phone: (765) 313-7313
Email:
info@bbgibson.com
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